Kerala High Court Orders Action Against Vloggers Found Promoting Use Of Modified Vehicles

"Take stringent action against vehicles, including Government vehicles, which are being used in a public place without complying with the safety standards in AIS-008. Stringent action shall be taken against the use of altered vehicles in public places, including vehicles brought through Carnet...The vehicles in the screenshots reproduced hereinbefore at paragraph 27 shall also be proceeded against, strictly in terms of the above directions. Appropriate proceedings shall be initiated against the owner and driver of such vehicles and also the vloggers who promote the use of such vehicles by posting vlogs on YouTube and other online media."

The Court had viewed photos and videos of the 'extensive modifications' being promoted on YouTube by vloggers like ‘AJ Tourist Bus Lover’, ‘Nazru Vlogger’,Najeeb Zainuls’ and ‘Motor Vlogger’. It said that irrespective of its earlier directions, such motor vehicles with alterations were used in public places and thus pose a threat to the safety of road users.

AIS-008 prescribes standards of lighting, light-signalling devices or auto-reflectors on vehicles.

Court said authorities may impose a fine of rupees five thousand for every unauthorized alteration made in a vehicle, in addition to the penal consequences already provided under law.

“Such vehicles will have to be dealt with in an appropriate manner, strictly in accordance with the law. In addition to the penal consequences provided in the statutory provisions referred to hereinbefore, the owner of the vehicle has to be imposed with a fine of Rs.5,000/- per such alteration; i.e, Rs.5,000/- for each after-market multi-coloured LED/laser/neon lights, flash lights, in terms of the statutory mandate of sub-section (4) of Section 182A of the Motor Vehicles Act, read with the Government order dated 31.08.2019.”

The Court was hearing the suo motu case initiated on a report by the Sabarimala Special Commissioner regarding the functioning of the safe zone project, which had witnessed over 40 major accidents, 758 major breakdowns and 536 minor breakdowns since November 2021. It has directed the Commissioner to submit a fresh report regarding in the matter, in light of Mandala-Makaravilakku festival season of 2023-24.

“Motor vehicles which are fitted with after-market multi-coloured LED/laser/neon lights, flash lights, which are being used in a public place, openly flouting the safety standards prescribed in AIS-008, which are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users, have to be dealt with in an appropriate manner, strictly in accordance with the law,” Court noted while ordering action against modified vehicles brought to India through Carnet, if they are used in public places.

Case title: Suo Moto v State of Kerala

Case number: SSCR 20/2021

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